‘13-yr-old rape victim can abort’

The 13-year old girl, who was impregnated and traumatised by repeated rape by her neighbour, finally has some respite coming her way. Justice AS Dave of Gujarat high court has directed authorities of Surendranagar general hospital to go ahead with her abortion.

Overruling a verdict by the lower court that denied the girl an abortion, justice Dave said: "Abortion, for a rape victim, is not barred under law, and is in fact, upheld by the Supreme Court."

According to the court order, the civil surgeon of the Surendranagar government hospital, in presence of two qualified surgeons - a gynaecologist and obstetrician, and a qualified physician -  shall conduct the abortion if the girl is found to be medically fit. Importantly, the medical officer of the hospital has opined that the girl is fit for the medical termination.

The court also laid down some instructions for the hospital. As per court orders, the authorities shall take extra care of the victim during her hospitalisation. They have been asked to arrange for adequate blood in case of emergency, to provide nutritious food and periodic health check-ups. The girl should be discharged from hospital only when she is physically and mentally fit to be sent back home. Also, the foetus has to be preserved, as the investigating agency shall be sending it for DNA tests.

The girl's mother, through her counsel Hriday Buch, approached the high court after a local court, on March 30, rejected their plea for an abortion for her.

According to case details, the mother of the minor girl had lodged a complaint against one Ghanshyamsinh Rajput for repeatedly raping her 13-year old daughter over one year. She complained that the man lived in their neighbourhood and forced himself upon the girl by threatening her of dire consequences.